STATE OF MAHARASHTRA Vs. NANABHAI RATHOD

JUDGEMENT

(1.) First Appeals Nos. 209 of 1984 and 210 of 1984 by the State of Maharashtra are directed respectively against the awards made by the Land Acquisition Officer, Bhandara in Land Acquisition Cases Nos. 2 of 1978 and 1 and of 1978. A common award was passed by the Land Acquisition Officer in both the cases and evidence was recorded by the trial Court in Land Acquisition Case No. 1 of 1978 and compensation was awarded by the common judgment recorded in both the cases.

(2.) In Land Acquisition Case No. 1 of 1978, 4.97 acres (2,15.622 sq. ft.) of land and in Land Acquisition Case No. 2 of 1978, 4.55 acres (1,99,134 sq. ft.) of land belonging respectively to Bhadupotes and Rathods came to be acquired. A notification under section 4 of the Land Acquisition Act came to be issued on 25th July, 1974 in Land Acquisition Case No. 1 of 1978, and notification under section 4 of the Act was issued in respect of the land acquired in Land Acquisition Case No. 2 of 1978 on 25th July, 1975. The notification under section 6 of the Act in both the cases was issued on 18th September 1976. The whole of the land was divided into three belts by the Land Acquisition Officer. The compensation awarded for the road-side belt, middle belt and the rear belt was respectively Rupees 25,000/-, 13,000 and10,000/- per acre. All these lands were contiguous situated within the municipal limits of Gondia town and had access from the highway from Gondia to Balaghat. The frontage of Bhadupotes land on Balaghat road was 300 feet while that of Rathod s land was 50 to 60 feet. On the northern and southern sides of the property acquired were lands belonging to different individuals. To the southwest was located Muslim burial ground and a portion to the west was bounded by a lane beyond which was situate Christian cemetary. The lands were acquired for the purposes of a bus stand and a depot to be opened by one of the respondents Maharashtra State Road Transport Corporation. The award was passed by the Land Acquisition Officer on 16-5-1978 awarding to Rathods Rupees 66,677.29 p. and to Bhadupotes Rs. 77,614.78 p. including the solatium at 15 per cent.

(3.) The main contention of the claimants was that the land which was acquired, had non-agricultural potential, highlighted by its being situated within the municipal limits of Gondia, adjacent to Gondia-Balaghat highway and its vicinity to the residential locality. The site was of much importance for commercial as well as residential purposes and had a great potential value. They claimed compensation at Rs. 3/- per sq. ft. Rathods additionally claimed compensation in respect of the value of the trees while Bhadupotes claimed compensation also for the house and well. The Land Acquisition Officer awarded Rs. 2900/- for the trees and Rs. 1285/- for the house and Rs. 680/- for the well. No claim was made while making reference to the Court for the value of the trees. Bhadupotes, however, claimed Rs. 25,000/- and Rs. 8,000/- respectively for the house and the well, in addition to compensation at Rs. 3/- per sq. ft. The learned Civil Judge, Senior Division, granted compensation at Rs. 3/- per sq. ft., Rs. 3750/- for the trees and Rs. 4000/- for the well and Rs. 10,000/- for the house. Before us it was conceded by Shri Bhangde, the learned Counsel for the claimants that no additional compensation should have been awarded by the Court for trees because no such claim was made at the time of the reference. Shri Mehadia, the learned Counsel for the acquiring body, Maharashtra State Road Transport Corporation did not dispute the amount of compensation which was awarded by the learned Civil Judge, Senior Division in respect of the well and the trees. The only dispute before us is with regard to the rate awarded for the land.